South Africa: Trials & Appeals & Compensation

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

The Legal Process For Reporting Elder Abuse In South Africa

Protecting older persons from abuse is both a legal duty and a social responsibility. The Older Persons Act 13 of 2006 ("the Act") places clear obligations on individuals, professionals and communities...

South Africa Litigation

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Barnard Inc.

Fire In The Hole – When Names Spark A Passing-off Battle

Ever wondered what happens when two businesses use almost identical names? The Supreme Court of Appeal recently answered that in Logik Group Africa t/a Fire Logik v Fire Logic (Pty) Ltd

South Africa IP

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ENS

Tying Up The Loose Ends - Mediation Is A Must Unless Exceptional Circumstances Exist

Mediation has become an integral part of the civil litigation process in the Gauteng division. The Mediation Protocol ("the Protocol")...

South Africa Litigation

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ENS

Subpoenaed Under Section 417 – What Are Your Rights And Obligations?

Being subpoenaed to appear at a Section 417 enquiry can feel daunting, especially if you're unfamiliar with the process.

South Africa Government

BI

Barnard Inc.

Interdict, Appeal, Review: Dissecting The Limits Of Interim Relief In HPCSA Matters

South Africa Healthcare

AA

Adams & Adams

The Peremptory Requirements Applicable Prior To Suing A Judge

South Africa Criminal

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ENS

Enrichment Claims And The Application Of The Institution Of Legal Proceedings Against Certain Organs Of State Act

South Africa Litigation

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ENS

Guardrails For Judicial Accountability And The Limits Of Judicial Misconduct

South Africa Litigation

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ENS

Banks Can Breathe A Sigh Of Relief, As Pretoria High Court Declines To Extend Delictual Liability For Pure Economic Loss

South Africa Finance

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ENS

Inadmissible Evidence Does Not Become Admissible Simply Because It Is The Best Evidence Available

South Africa Litigation

E

ENS

Can ICASA Condone The Late Submission Of A Notice To Renew A Broadcasting Licence?

South Africa Media & IT

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ENS

A Party Relying On Compromise Bears The Onus Of Proof

South Africa Litigation

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ENS

The Manner In Which A Decision Is Taken To The SCA For Reconsideration And Variation

South Africa Litigation

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ENS

Are On-the-road Fees Permissible As Charges In Credit Agreements?

South Africa Finance

E

ENS

When And How To Use Non-solicit And Non-compete Clauses In IT Contracts In South Africa

South Africa Employment

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ENS

Women Powering Progress (Video)

South Africa Law Performance

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SNG Grant Thornton

Who Is Responsible For The Loss When Payment Details Are Hacked?

South Africa Commercial

BI

Barnard Inc.

Artificial Intelligence In South African Financial Sector: What The FSCA–PA Report Reveals About IP, Trade Secrets, And Smart Governance

South Africa Technology

AA

Adams & Adams

The BBC Scandal: Mismanagement Of Manipulation In The Workplace

South Africa Employment

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ENS

Curbing Vexatious And Abusive Legal Proceedings

In a judgment delivered recently in the matter of The Standard Bank of South Africa Limited ("Standard Bank") & Another v Advertising Digital Services (Pty) Limited ("ADS") & Another, the Pretoria High Court granted...

South Africa Litigation

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ENS

Triggering The Exclusion: How A Firearms Clause Shielded An Insurer From Liability

A recent U.S. federal court decision underscores the power of exclusion clauses in commercial general liability policies—particularly those involving firearms.

South Africa Litigation

AA

Adams & Adams

Amendments To The High Court And Magistrates Court Rules

The Rules Board for Courts of Law, with the approval of the Department of Justice and Constitutional Development, have published amendments in the Government Gazette relating to the Rules...

South Africa Litigation

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ENS

Breaking Borders To Combat Financial Misconduct

On 9 July 2025, the High Court of South Africa, Gauteng Division, Pretoria (the "High Court") broadened the requirements for the jurisdiction...

South Africa Finance

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ENS

Employer Immunity Is Not Absolute: What This Means For Employment Practices Policies

South Africa Litigation

AA

Adams & Adams

When The SIU Comes Calling | State Capture Investigations

South Africa Criminal

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Fairbridges Wertheim Becker

WhatsApp In Court: When Your Chats Become Your Best (Or Worst) Evidence

South Africa Litigation

FW

Fairbridges Wertheim Becker

Uganda Court Of Appeal Confirms Restriction On Arbitration Appeals, Post-award Relief Remains Unclear

South Africa Litigation

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ENS

Punitive Damages In Chinese Patent Litigation

South Africa IP

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ENS

Gauteng High Court Orders Immediate Cancer Treatment Amid Deadly Backlog

South Africa Healthcare

Beach Weather | Legal Marketing

A Party Absent From Taxation Cannot Seek To Review The Taxation Master's Decisions

South Africa Litigation

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ENS

You Won Your Case. Now What?

South Africa Commercial

BI

Barnard Inc.

A Party Absent From Taxation Cannot Seek Review The Taxation Master's Decisions

South Africa Litigation

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ENS

South African Supreme Court Of Appeal Weighs In On Facebook Posts

South Africa Litigation

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ENS

A Party Absent From Taxation Cannot Seek To Review The Taxation Master's Decisions

In Macbeth Attorneys Inc v South African Forestry Company SOC Ltd ("SAF") and Others, the South African Supreme Court of Appeal ("the SCA") provided clarity about whether...

South Africa Litigation

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ENS

You Won Your Case. Now What?

The day you win is rarely the day anything moves. A judge signs an order; your inbox fills with congratulations; and the person who lost simply… goes quiet

South Africa Commercial

BI

Barnard Inc.

A Party Absent From Taxation Cannot Seek Review The Taxation Master's Decisions

In Macbeth Attorneys Inc v South African Forestry Company SOC Ltd ("SAF") and Others, the South African Supreme Court of Appeal ("the SCA") provided clarity about whether a party may review the taxing master's decision in respect of legal costs, if that party did not appear before the taxing master and object to items in the bill of costs.

South Africa Litigation

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ENS

South African Supreme Court Of Appeal Weighs In On Facebook Posts

The legal consequences of posting certain content on social media websites has landed many individuals in hot water in recent years.

South Africa Litigation

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ENS

Harassment Orders: Why "Harm" Is The Hinge

South Africa Litigation

BI

Barnard Inc.

Piercing The Corporate Veil Of Close Corporations

A trite principle in our law is that a company has separate legal personality distinct from the shareholders. Similarly, a close corporation has separate legal personality from its members

South Africa Litigation

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ENS

Adjudication Holds Firm: Eskom V Framatome And The Strength Of Contractual Dispute Resolution

The construction industry increasingly relies on adjudication as a fast and cost-effective way to resolve disputes under complex infrastructure contracts.

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Rules Of Evidence: Prove It Or Lose It: Admissibility And The Truth Behind Trial Bundles

The High Court of South Africa, KwaZulu-Natal Local Division, Durban, recently delivered judgment in a dispute concerning the supply of liquid petroleum gas (LPG).

South Africa Litigation

AA

Adams & Adams

Travelwings Trade Mark Case Clarifies Limits Of WINGS Trade Mark Exclusivity

On 4 August 2025, the Johannesburg High Court handed down a comprehensive judgment in Wings Travel Management (Pty) Ltd v Satguru Travels (Pty) Ltd t/a Travelwings...

South Africa IP

AA

Adams & Adams

Stuck On The Tarmac? The Legal Limits Of The CCMA's Powers And The Right To Appeal

South Africa Employment

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ENS

SCA Reaffirms Residual Powers Of Company Directors To Rescind Winding-up Orders

South Africa Litigation

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ENS

Script, Don't Scrape: Six Ways Lawyers Can Write Smarter (And Greener) With GPT

South Africa Technology

Beach Weather | Legal Marketing

Bald Denials And Unsubstantiated Conclusions In Pleadings: A Risky Litigation Strategy

South Africa Litigation

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ENS

Municipality's Failure To Appoint Candidate To An Advertised Position May Constitute Reviewable Administrative Action

South Africa Litigation

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ENS

Woolworths VAT Victory: SCA Redefines Capital-raising As Part Of The Enterprise

South Africa Tax

Ai

Andersen in South Africa

A Missed Deadline Is A Closed Door: Time-Bars In Sehlabaka v PFA & Others

South Africa Litigation

AA

Adams & Adams

Concursus Creditorum: Drawing A Hard Line In The Sand

South Africa Insolvency

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ENS

Plant Breeders' Rights Act In Force

South Africa IP

AA

Adams & Adams

The South African Lens: Evolution And Efficacy Of Court-Annexed Mediation Programs In The United States

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

The Price Of Misrepresentation: Warranties And The Cost Of Error

South Africa Litigation

AA

Adams & Adams

Passing-Off In South Africa: Protecting Trade Reputation In Competitive Markets

South Africa Consumer

BI

Barnard Inc.

Parental Alienation And The Child's Best Interests

South Africa Family

BI

Barnard Inc.

The Transferability Of General Damages To A Deceased's Estate

South Africa Litigation

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ENS

Using Section 65 Financial Enquiries To Recover Debt

South Africa Commercial

BI

Barnard Inc.

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The Trusted Advisors

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The Trusted Advisors

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Zenas Chambers, ChimwaMurombe Legal Practice

State Capture Inquiry | Director Of ENS Forensics Steven Powell To Testify | 3 (Video)

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ENS

Podcast | The Money Show | The Beer Industry Appeals For Excise Relief On Low-Alcohol Products

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ENS

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